Lurry v. State

District Court of Appeal of Florida

Lurry v. State

823 So. 2d 200, 2002 Fla. App. LEXIS 10311, 2002 WL 1626193

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 2002

DocketNo. 4D02-1682

StatusPublished

This text of 823 So. 2d 200 (Lurry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lurry v. State, 823 So. 2d 200, 2002 Fla. App. LEXIS 10311, 2002 WL 1626193 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

We review the order denying appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand as the trial court should have treated appellant’s sworn motion as a timely-filed rule 3.850 motion challenging the factual basis for the imposition of his minimum mandatory sentence. See State v. Mancino, 705 So.2d 1379, 1381 (Fla.1998); Smith v. State, 782 So.2d 947, 948 (Fla. 4th DCA 2001).

POLEN, C.J., WARNER and TAYLOR, JJ., concur.

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PER CURIAM.

We review the order denying appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand as the trial court should have treated appellant’s sworn motion as a timely-filed rule 3.850 motion challenging the factual basis for the imposition of his minimum mandatory sentence. See State v. Mancino, 705 So.2d 1379, 1381 (Fla.1998); Smith v. State, 782 So.2d 947, 948 (Fla. 4th DCA 2001).

POLEN, C.J., WARNER and TAYLOR, JJ., concur.

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823 So. 2d 200, 2002 Fla. App. LEXIS 10311, 2002 WL 1626193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lurry-v-state-fladistctapp-2002.

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